Rights come from use
Trademark Registration in the United States
The United States grants trademark rights on the basis of use, not merely registration. That changes everything.
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You must actually use the mark
Most countries give you rights when you register. The United States gives rights when you use the mark in commerce, and registration records and strengthens them. An application can be filed on an intention to use, but it will not register until you file evidence of actual use, and the registration must then be maintained with periodic declarations that use is continuing. A mark registered and never used can be cancelled.
- Filing basis chosen correctly — use or intent to use
- Specimens of use prepared to the standard the office accepts
- Maintenance deadlines calendared so the registration survives
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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What is different here
The use-based system
Registration alone is not enough.
| Element | Position in the US |
|---|---|
| Basis of rights | Use in commerce. |
| Filing without use | Possible, on an intention to use. |
| Registration without use | Not granted; use evidence required first. |
| Specimens | Evidence of actual use, to a defined standard. |
| Maintenance | Periodic declarations that use continues. |
| Unregistered rights | Common-law rights can arise from use alone. |
Filing bases, specimen standards, maintenance deadlines and examination practice are set by the trademark office and change. Protection in other countries requires separate filings.
How it works
From clearance to a maintained registration
Use is the thread running through it.
01
Clear and choose the basis
The register and common-law uses searched, classes identified, and the filing basis set according to whether you are already using the mark.
02
File and prove use
Application filed, examination answered, and specimens of actual use submitted when required to move to registration.
03
Maintain
Periodic declarations of continuing use filed on time, because a registration that is not maintained lapses.
- The mark exactly as used
- Logo artwork to specification
- Whether you are already using the mark in the US
- First use date, if applicable
- Specimens showing the mark as used on goods or services
- Full list of goods and services
- Applicant details and entity type
- Whether a foreign registration is being relied on
- Priority documents if claiming an earlier filing
- Any common-law user you are aware of
- Any objection raised against the mark
- Other countries where protection is held
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Clearance search including common-law use
- Class identification
- Filing basis recommendation
- Preparation and filing
- Specimen review before submission
- Examination responses
- Monitoring through publication and opposition
- Maintenance deadline calendar
Not included, quoted separately
- Office fees, paid at cost
- Fees per class
- Filings outside the US, quoted separately
- Logo and brand design
- Full clearance searches by specialist counsel
- Opposition and cancellation proceedings
- Enforcement and litigation
- Renewal at the end of the term
Verify independently
Relevant US authorities
We file directly with these bodies on your behalf.
United States Patent and Trademark OfficeUS Citizenship and Immigration ServicesInternal Revenue ServiceState labour and revenue departmentsFinancial Crimes Enforcement NetworkState financial regulators
Questions
US trademark registration — FAQs
Can I register a mark I am not using yet?
You can apply on an intention to use, but it will not proceed to registration until you file evidence of actual use in US commerce.
What counts as a specimen?
Evidence showing the mark as actually used on the goods or in connection with the services — packaging, labels, a website offering the services. The standards are specific and refusals on specimens are common.
Do I have rights without registering?
Common-law rights can arise from use in a geographic area, which is why a search covers more than the register. They are narrower and harder to enforce than a registration.
What maintenance is required?
Periodic declarations that use is continuing, at set intervals after registration. Missing them cancels the registration, and it is a common loss.
Can my foreign registration help?
It can support a US filing in some circumstances, but the use requirement and maintenance obligations still apply. We advise on the best basis for your situation.
Go deeper
More United States services
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